QuestionsQuestions (Republic Act No. 10867)
RA 10867 is the “National Bureau of Investigation Reorganization and Modernization Act.” Its declared policy is to promote and maintain an effective, modern, gender-responsive, competent, and highly trained investigative body with expanded structure, capability, and manpower, responsive to the demands of the times.
RA 10867 mandates reorganization/modernization of the NBI to meet expanded investigative demands, including acquisition of state-of-the-art investigative and intelligence equipment, establishment of forensic and scientific laboratories, and training of personnel for these purposes.
The Act reorganizes the NBI into: Office of the Director; Office of the Deputy Director for Administration; Office of the Deputy Director for Operations; Assistant Directors for: Investigation Service, Intelligence Service, Comptroller Service, Human Resource and Management Service, Forensic and Scientific Research Service, Legal Service, and Information and Communications Technology Service—each composed of necessary divisions and sections.
It requires a Regional Office in every region headed by a Regional Director and District Offices in every province headed by a Head Agent; it also allows the Director to establish and maintain Field Offices as need arises.
Personnel occupying positions affected by the changes at the time of approval shall thereafter occupy and discharge the duties of the new positions and receive corresponding salary/benefits without necessity of new appointment.
Examples include: undertaking investigations of crimes under Section 5; issuing subpoenas for appearance/production of documents through officers from Regional Director to Director; serving as a national clearing house of criminal records; providing technical assistance to government agencies; extending assistance in extradition and mutual legal assistance through DOJ request; establishing an NBI Academy; establishing forensic/scientific and cyber investigation centers; maintaining a modern evidence/investigative network; and establishing a modern NBI Clearance and Identification Center.
It must establish an NBI Academy; establish/maintain a Forensic and Scientific Research Center; establish/maintain a Cyber Investigation and Assessment Center; establish/maintain an integrated, comprehensive, state-of-the-art network of equipment and facilities; and establish/maintain a modern NBI Clearance and Identification Center.
It includes extrajudicial/extra-legal killings committed by the state’s security forces against media practitioners and activists.
It has primary jurisdiction over violations of Republic Act No. 10175 (Cybercrime Prevention Act).
Once the NBI takes cognizance of cases under Section 5, the PNP and other law enforcement/investigative agencies must collaborate and render assistance to the NBI. Where jurisdiction is vested exclusively and/or primarily with the PNP or other agency, the NBI must collaborate and render assistance to that agency.
Yes. The President or the Secretary of Justice may direct the NBI to undertake the investigation of any crime when public interest so requires.
A Director must be a natural-born citizen of the Philippines and a member of the Philippine Bar who has been engaged in the practice of law for at least fifteen (15) years, preferably from within the ranks of Directors.
Deputy Director: citizen of the Philippines and member of the Bar engaged in practice of law for at least ten (10) years. Regional Director: citizen of the Philippines and member of the Bar engaged in practice of law for at least five (5) years.
The Director formulates policies/guidelines/programs; directs/control/supervises operations; promulgates rules and regulations; determines limits of allowances/incentives subject to DBM approval; can create/abolish divisions/units subject to endorsement of DOJ and approval of DBM; can remove/suspend/discipline agents/personnel for cause in accordance with Civil Service Rules and relevant laws; and performs other acts necessary to attain the Act’s objectives.
They must be: (1) citizens of the Philippines; (2) of good moral character; (3) members of the Philippine Bar or holders of a baccalaureate degree who passed the relevant government licensure examination; and (4) have successfully passed the NBI-required competitive mental and physical examinations.
Agents undertake investigations pursuant to NBI mandate; conduct searches, arrests, and seizures in accordance with existing laws; take and require sworn statements of persons summoned in relation to cases; administer oaths; and perform other functions assigned by the Director.
The NBI may retain and use annually 30% of its collections from clearance fees for modernization and to augment operational expenses. However, said annual appropriation shall not exceed P150,000,000.00.